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Governor Ron DeSantis could make his fourth and fifth appointments to the nine member Florida Supreme Court as early as next week.

A panel appointed by the Governor is expected to send at least six names to the governor after meeting all weekend, but critics of the process warn there is a danger the court is being politicized.

Thirty-two people, mostly judges, will be interviewed this weekend to fill two open seats at Florida’s Supreme Court.

A nine member panel will make the selection.

“All nine of the members are ultimately appointed by the Governor, but four of the nine are appointed by Governor from recommendations from recommendations made to him from the Florida Bar,” said Daniel Nordby, Chair of the Supreme Court Judicial Nominating Commission.

It hasn’t always been done this way.

In the mid 1970’s the elected high court was rocked with scandal.

Appellate judges became appointed.

Then Governor Reubin Askew created a commission to make recommendations.

He appointed three members, the Florida Bar named three, and together the two groups appointed another three.

It had been called a model for the nation, but in 2001, all of the appointments went back to the Governor.

“Unfortunately, in recent years, it has really become a very politicized process,” said Damien Filer with Progress Florida.

Governor Ron DeSantis has made no secret what he is looking for in a judge.

“The Judiciary, while important, must be limited,” said DeSantis in his inaugural address.

But critics worry concentrating too much power in the Governor can have consequences.

“We could see what would be an all out ban on abortion here in Florida, even it Roe V Wade stands at the federal level,” said Filer.

Democrats have filed legislation that would return nominating commissions to three Gubernatorial appointments, three Florida Bar appointments, with the six naming three more people.

It is unlikely to get a hearing in a GOP controlled legislature.

Supporters of the Governor appointing all nine to the nominating commission are quick to point out that he’s elected and can be held accountable, while members of the Florida Bar are not.

Those making the recommendation have only one concern.
“We’re looking for people with highest level of integrity, the intellectual ability to do the job, and judicial temperament,” said Nordby.

While the Governor will name two more justices to the court, the replacements are for judges he appointed last January and who have been elevated to a Federal appeals court by the President.

Students across the world have increasingly made their frustrations over climate change loud and clear, but a group of Florida students are taking their activism to the courtroom… Suing the Governor and state agencies.

Joined by their attorney, the students laid out their case to law students at Florida State University.

One of the key parts of their case is that the students aren’t suing based on the inaction of the state, instead, they list specific things the state has done to make climate change worse.

“Florida generates more electricity from petroleum than any other state in the nation, second highest amount of CO2 emissions from electricity in the nation. These are very, very big numbers,” said Andrea Rodgers, an attorney with Our Children’s Trust.

The students are diverse, ranging from as young as 12 to college aged.

The one thing they share is the belief the state’s energy policy has put their right to life, liberty and property at risk.

Nineteen-year-old plaintiff Delaney Reynolds said the suit is about preserving the future.

“Our reality is that these rising temperatures and resulting sea level rise is placing much of the region at the real risk of disappearing,” said Reynolds.

Plaintiff Valholly Frank, a 16-year-old member of the Seminole Tribe, said sea level rise will eventually threaten to destroy the tribe’s lands in the Everglades.

“And you can’t really easily move an entire community. If we were displaced we would lose everything we know. We’d lose our identity,” said Frank.

Plaintiffs are asking the courts to declare the state’s energy policy unconstitutional and establish a maximum level of carbon emissions for the state.

If successful, it would be up to lawmakers to figure out how to bring the state into compliance.

The Governor and state agencies involved in the case have asked for the lawsuit to be dismissed.

Both sides are expected to make their arguments before a judge in the coming months.

CBD businesses are undergoing their first round of inspections now under newly finalized state regulations for the hemp based products.

The regulations are meant to ensure consumers are being sold quality products and help weed out bad actors in the marketplace.

Inspections at Natural Life in the state’s capital city began this week, just days after the Department of Agriculture published its new rules regulating CBD products in the state.

“We’ll be completely inspected and done by the end of this week,” said Natural Life owner, Gabe Suarez. “Having all players have to play by these rules will weed out the bad dishonest players and shed light on the proper honest players.”

The goal of the inspections is to ensure products properly labeled, free of contaminants like pesticides and contain the CBD levels advertised.

Suarez said those are all quality controls his company had already implemented.

“So it have a very minimal effect on us,” said Suarez.

But as Taylor Biehl with the Florida Hemp Association points out, for smaller retailers, compliance may be more difficult.

“From a quality control standpoint I mean this is imperative. You know you had a lot of quote unquote snake oil out there,” said Biehl.

Companies found to be out of compliance will have between 30 and 45 days to conform with the new rules.

Businesses that want to sell CBD will be required to purchase an annual permit from the department of agriculture.

That comes with a price tag of $650.

The state is still waiting on the Federal Government to finalize its rules for hemp cultivation, the plant from which CBD is derived.

Once finalized CBD retailers like Suarez hope their products will be able to carry the fresh from Florida label.

The Department of Agriculture expects to have hemp cultivation rules finalized early this year.

FAMU ad UF are already cultivating some test plots as part of the learning curve to growing the crop in Florida.

More than 400,000 barbers, cosmetologists, landscapers, interior designers, talent agents and other professionals are regulated by the state of Florida.

New legislation would sunset or abolish the regulations, unless the licensing boards can prove the licensing is needed.

As a new Governor, Ron DeSantis pitched lawmakers on the idea of deregulating more than two dozen professions.

“You can earn jump wings by completing Army jump school in three weeks. Florida law requires twelve hundred hours to become licensed as a barber,” said DeSantis during his 2019 State of the State speech.

The legislation would have cut training for licensed barbers, among others, in half.

It was one of the few things the first-year chief executive didn’t get from lawmakers.

One reason is barbers like Ben Collins.

“I probably needed that twelve hundred,” said Collins. “I had to know what I was doing. I had to be trained to know what I was doing.”

Now new legislation would abolish all regulation over the next two years and require professional boards to prove they should be regulated.

The effort is being saluted by Americans for Prosperity.

“It’s not just about any one license. It’s about the overall idea of taking away occupational licensing to allow hard working Floridians to find meaningful work,” said Phillip Suderman with Americans for Prosperity.

Barber Chuck Richards believes there could be fewer hours, but he believes the classroom work was essential.

“We go into great depth learning how to detect different kinds of skin cancer,” said Richards.

Last year lawmakers underestimated the outcry from thousands of barbers, cosmetologists, and other professionals.

They’re likely to get another earful this year.

The job facing lawmakers is to decide where and when regulation protects consumers and not those doing the work.

The legislation uses nearly six of its 12 pages to list the specific statutes that it abolishes, which amounts to several hundred boards and professions.

There’s a new police chief in the county with the highest crime rate in the state.

Lawrence Revell was named Chief of the Tallahassee Police Department Monday morning after a high ranking St. Petersburg officer was selected and then turned the job down in a contract dispute

Crime in Tallahassee and surrounding Leon County have been the subject of concern for figures like FSU President John Thrasher and even the Governor.

Revell said his focus will be to address violent crime by creating a culture of unity.

“My vision is simple and that is to work tirelessly to unite this community and the police department in a community-led assault on violent crimes and those who would victimize our citizens. As one of the oldest police departments in the country we will modernize our approach and make 21st century policing more than just a catch phrase,” said Revell.

Revell’s selection has been criticized by some social justice groups for his involvement in the shooting of a black teenager in 1996 who had rammed another officer with his car.

He was cleared by a grand jury which found he “bravely performed his sworn duties”.

Next Monday thousands of teachers from across the state will be at the State Capitol, hoping to set the agenda for the annual legislative session that begins Tuesday.

Their message: It’s time for not just a higher minimum salary, but much more.

“We can not continue to do what we do and the magic that happens between a teacher and a student when our lights are being cut off. When we can’t afford mortgages or rent,” said Fedrick Ingram, President of the Florida Education Association.

On top of bonuses, the Governor is proposing raising teacher salaries to a minimum $47,500.

“Which takes Florida from 26th to number two in the nation,” said Governor Ron DeSantis.

The Governor’s plan is being called “A start, but it’s not a cure for where we are.”

The union believes everyone from the janitorial staff to cafeteria workers and bus drivers need more money.

“This school year we had three thousand classrooms that did not have a certified teacher. The Governor’s plan will not cure that. We still have over two thousand vacancies that are teacher shortages. We have bus driver shortages,” said Ingram.

Under Florida law it’s illegal for public employees, including teachers, to go on strike, but they point to actions by teachers in other states.

They want to put national pressure on lawmakers.

“And it is up to us to put pressure on lawmakers. To let them know we’re going to nationalize this issue. Because if we want to be at the forefront of what’s right, we’ve got to recognize what’s wrong,” said Ingram.

Many lawmakers are leery of mandating raises from here in the Capitol.

That’s because teacher pay is the cornerstone of collective bargaining with local school boards.

So far, the Governor’s raise plan has gotten a cold shoulder from some top lawmakers because of the cost and because salaries are set by local school boards.

Local governments’ ability to control their own communities is under attack.

That’s the message a new report published by a government watchdog group in the State Capitol, which suggests state lawmakers have become increasingly aggressive when it comes to preempting local governments on issues from plastic straws to gun control.

Over the past three years state lawmakers have proposed 119 bills that would preempt local governments in various ways.

16 have already been filed for the 2020 session.

“It shows you the concerted effort on a yearly basis to limit the power of local governments,” said Ben Wilcox with Integrity Florida.

The new report found preemptions are becoming not only more numerous, but also more punitive.

“Their efforts are not designed to influence local actions, but to prevent any at all,” said Alan Stonecipher with Integrity Florida.

They trace the trend back to a 1987 law that prohibited local governments from passing gun restrictions stronger than the state.

In 2011 lawmakers implemented harsh penalties for local officials who violate the preemption.

“I think that’s a constitutional violation of free speech,” said Wilcox.

The law was struck down by a circuit court, but is now on appeal.

Marion Hammer with the NRA said lawmakers are well within their rights to hold rouge local officials accountable.

“If they refuse to follow the laws of the Legislature, the Legislature can abolish them,” said Hammer.

The outcome of the court battle against punishments for local officials who pass gun regulations will likely set the tone moving forward for how far lawmakers can go with preemption.

Integrity Florida said lawmakers could make it harder to pass preemptions by requiring a 2/3 majority or mandating a single subject rule for preemption legislation, but state lawmakers aren’t known for limiting their own power.

Governor Ron DeSantis vetoed a bill that would have prevented local governments from banning plastic straws.

Integrity Florida says it was a positive sign, but the Governor has favored preemption in other cases, including the ban on sanctuary cities signed into law last year.

Florida lawmakers have filed a dozen bills dealing with abortion for the 2020 session.

Pro-choice advocate Lauren Brenzel with Planned Parenthood said everything is on the line.

“If 2019 told us anything it’s that attempting to restrict abortion is unfortunately on anti-abortion legislators’ minds,” said Brenzel.

One bill would ban abortions after a fetal heart beat could be detected, which could be as early as six weeks.

It’s likely dead on arrival according to Senate President Bill Galvano.

“That’s a tougher issue to get through,” said Galvano.

But legislation that would require minors to get parental consent before having an abortion is moving full speed ahead.

“This is something to support the family and require the kids to have a conversation about something so weighty with their parents,” said Senate sponsor Kelli Stargel.

It’s already teed up for a floor vote in the House and the Senate President expects it to pass its second Senate committee during the first week of the 2020 session.

While the parental consent bill isn’t the most restrictive abortion bill filed this year, it could act as a test to see how far the newly conservative State Supreme Court is willing to allow lawmakers to go.

Pro Choice advocates fear the court could overturn a previous ruling that found a similar law violated the Privacy Clause in the state constitution.

“We have a higher constitutional protection for access to abortion than actually the United States Constitution and it’s one of the reasons why Florida functions differently than other states in the South. Why we don’t see that massive restriction,” said Brenzel.

That could open the door for even more restrictive abortion laws, including the heart beat bill.

Heart beat laws have been passed in ten states and is expected to pass an eleventh later this month.

Courts have temporarily blocked or struck the laws so far in every state.

On the opposite end of the spectrum, a State Senator has put fourth a proposed constitutional amendment, that would prohibit either chamber from passing restrictions on abortion unless half of the members are women.

So far it has not been scheduled for a hearing.

Chances voters will get a chance go legalize recreational marijuana this year are slimming.

The group pushing the citizen initiative has filed suit against the Secretary of State over a new law that put restrictions on petition gathers in a last ditch effort to get more time to collect signatures.

“It looks very challenging to make those numbers work,” said Jeff Sharkey with the Medical Marijuana Business Association of Florida.

In a last ditched effort the group has filed suit, challenging a law passed last year that requires paid petition gatherers register with the state.

They’re asking for an additional 30 days to gather and submit petitions.

“They’re the first ones to really have to operate under this new petition gathering law and I think it’s certainly demonstrates how challenging it’s going to be going forward,” said Sharkey.

The new law has been fraught with issues.

The website to register petition gatherers was offline for weeks.

The suit alleges it resulted in multiple delays.

It’s a problem the sponsor of the legislation Rep. James Grant called accidental when we spoke with him in October.

“I don’t think anybody had an intent or even an expectation that some of the antiquated servers and challenges would lead to this problem,” said Grant.

If the initiative doesn’t make it on the ballot this year, there is still a chance it could return in the future.

The petitions collected so far are still valid for two years after the date they were signed.

“There’s certainly been some conversations with legislators and others that they would anticipate that in 2022 this will be back,” said Sharkey.

Lawmakers could also take up the issue of legalizing marijuana at any time, but marijuana advocates say it’s a long shot.

A second group seeking to regulate marijuana like alcohol has already decided to wait for the 2022 ballot.

Day one of 2020 will bring some immediate changes in Florida, with nine laws taking effect.

Here’s breaks down some of the new laws that are likely to impact you.

Just over 1100 tickets have been written for texting while driving or not being hands free in a school or work zone since the texting law took effect earlier this year, but with the new year comes tough new enforcement.

Law enforcement will ramp up ticket writing for distracted drivers.

“That’s the number one thing, just put it down,” said Lieutenant Derrick Rahming with the Florida Highway Patrol.
Also starting January 1st, the Department of Health will have more control over office surgery centers, which have been responsible for multiple deaths and hospitalizations throughout the state.

“It will increase patient safety by orders of magnitude,” said Celebrity Plastic Surgeon Michael Salzhauer at a March press conference.

Doctors will start having to electronically report all prescriptions.

Stricter vaccination reporting requirements will also take effect, but because of opposition from anti vaccination groups, parents will still be able to opt their children out by claiming religious exemptions.

“At the end of the day it’s up to a parent to be able to make that decision,” said Erin Olszewski, President of the Florida Freedom Alliance at a rally in April.

You’ll also be able to have documents notarized online at the start of 2020.

The new year will also come with a 10 cent minimum wage hike, raising it to $8.56 an hour.

And 2020 could see more changes to the minimum wage.

Voters will get the chance to decide if they want to raise the minimum wage to $10 starting in 2021, ultimately reaching $15 an hour.

“I’m not saying right away I’m saying 11, then 12, 13, 14, 15 over a period of years,” said Florida for a Fair Wage Chair John Morgan at a speaking event in August.

After the New Year lawmakers will quickly be returning to work.

The 2020 session kicks off January 14th.

Some of the hot button issued already teed up for the 2020 session include parental consent for minors seeking abortions, mandatory e-verify checks for employment and raising teacher salaries.

Many fireworks displays you’ll likely see or hear this New Year’s Eve are technically illegal in Florida.

Unless the displays are put on by a professional, they violate the law, but that might not be the case next year if legislation moving in the Florida Legislature becomes law.

As Craig Dennis with Ashley Pyrotechnics points out, retailers and consumers are able to skirt the current law by signing a form saying the fireworks will be used for agricultural purposes.

“I just bought these the other day. These are all illegal in Florida, but I purchased them because I signed this form that says I’m using them for some exemption under Florida law,” said Dennis.

But a new bill would prevent Floridians from having to lie to enjoy holiday pyrotechnics.

It would allow fireworks to be sold and used three times a year, for Memorial Day, Independence Day and New Years Eve.

“They’re already purchasing fireworks to celebrate national holidays and New Years Eve, New Years Day,” said House sponsor Rep. Ana Maria Rodriquez. “And so why put Floridians in a position where they’re going to be perjuring themselves every time that they purchase fireworks, saying that they’re going to use it for something that they’re not?”

The bill is facing opposition from fire safety advocates who point to fireworks causing nearly 300 fires and almost $800,000 in damage in Florida over the past two years alone.

But with or without the bill, fireworks are readily being sold and used under current law.

“All you have to do is sign a form and you walk out the door with whatever you want and here it would simply put retailers like me in a position where we could compete with other larger companies,” said Dennis.

If the bill becomes law you’ll have to be 18 or older to purchase fireworks.

Local governments will also have the ability to enact their own bans on fireworks if they see fit.

The bill only needs to clear one more committee in the House and Senate before floor votes in both chambers.

Two Florida infants lost their lives to the flu during the first week on December, the first flu related deaths of the year in Florida, according to the Florida Department of Health.

The Department says neither child had been vaccinated.

The number of Florida flu related cases being reported is higher than this time last year.

During the same week four outbreaks were reported in Central and South Florida, three at facilities for adults and at one facility serving children.

The number of emergency department and urgent care center visits for influenza among pregnant women also increased and remained above levels at this time in previous seasons.

The Department of Health says the best way to prevent or lessen the effects of the Flu is by being vaccinated.

According to a new report published by the Southern Poverty Law Center Florida arrested 38 percent of children caught committing first time offenses last year.

Police have the option of issuing a civil citation to youth offenders who commit minor offenses.

“Giving kids the opportunity to make a mistake without having to have an arrest record,” said Barney Bishop with the Florida Smart Justice Alliance.

Since 2011 law enforcement’s use of civil citations has increased between five and eight percent each year, but the report shows last year civil citations hit a plateau, increasing only one percent.

“That troubles us because what we see is that juvenile civil citations result in better outcomes for kids,” said Scott McCoy with SPLC Action.

In all, 6,200 children were arrested for first time minor offenses last year.

The report also found more than 600 children 12 years old and younger were arrested last year for first time misdemeanors.

Nearly half of those arrests were of children 11 and younger.

Ten law enforcement agencies accounted for a disproportionate share of the arrests.

Combined they charged 1,900 juveniles, or nearly a third of all first time youth arrests statewide.

Hillsborough County Sheriff’s Office topped the list, arresting 44 percent of first time youth offenders.

“There are several jurisdictions around the state that are not embracing this idea, are not following the data and the research to see that this has a better outcome both for the community and for the kids,” said McCoy.

Legislative attempts to require civil citations for first offenders have failed, and because the citations aren’t mandatory, change will likely have to come at the local level.

“Changing the attitudes of the sheriffs or the police chiefs to using this methodology versus whatever they’re using now,” said Bishop.

Ironically while, Hillsborough topped this list for the most arrests, neighboring Pinellas County scored the best, issuing civil citations in 97 percent of cases.

Despite the slow growth of civil citations last year, criminal justice advocates point out Florida continues to lead the nation in juvenile pre-arrest diversion programs.

Pets are left behind when hurricanes hit, some left outside where they are vulnerable to the worst of the storm.

The ASPCA alone reported rescuing nearly 600 animals that had been left behind during Hurricane Michael.

In a case depicted in a video released by the organization, a dog had been left outside chained to a fence, unable to defend itself.

Similar situations are not uncommon during hurricanes.

“They have no chance to survive,” said State Senator Joe Gruters.

Gruters is sponsoring new legislation would make abandoning a dog chained up outside during a natural disaster a crime, punishable by up to one year in prison and a $5,000 fine.

“It’s when you hike out of town and leave the dog tethered where they have no chance and this bill is about giving all dogs a fighting chance,” said Gruters.

Animal rights groups like the Humane Society hope if passed, the bill would make people think twice before leaving their dogs out in the elements.

“Every family should have a disaster plan and in that plan includes your pets. It’s not okay to evacuate and leave your animal outside chained. If it’s not safe for you it’s not safe for your pet,” said Kate MacFall with the Humane Society.

Some lawmakers have raised concerns about the bill, calling it overly broad, because it isn’t only limited to Hurricanes.

It also includes tropical storm and tornado warnings.

“Half the time I don’t know when a tornado warning has been issued or not issued and how would I possibly be able to get home and unchain the dog?” Said State Senator Jeff Brandes.

Gruters has said he’ll work on refining the legislation moving forward, but what changes might be in store are unknown right now.

So far the bill has cleared one Senate committee, but a companion has not been filed in the House.